STATUTORY INTERPRETATION

LAW2STA

2017

Credit points: 15

Subject outline

Statutory interpretation is the body of law governing the determination by the courts of the legal meaning and effect of legislation. This unit examines the law and practice of statutory interpretation systematically and in depth. The concepts, interpretative criteria, and techniques of the common law are examined together with federal and state interpretation legislation. In addition to developing students' skills in interpreting legislation, the subject also develops skills in legal research, in the drafting of legal instruments, and in writing legal opinions.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorJeffrey Barnes

Available to Study Abroad StudentsYes

Subject year levelYear Level 2 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW1LIM

Co-requisitesN/A

Incompatible subjects LAW3ASI

Equivalent subjectsN/A

Special conditions Must be admitted to any Bachelor of Laws UG degree or have permission from Law Director of Programs

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsStatutory Interpretation Supplementary Materials, relevant yearPrescribedJ BarnesLA TROBE UNIVERSITY
ReadingsUnderstanding Common Law Legislation: Drafting and InterpretationPrescribedF A R BennionOXFORD: OUP, 2009
ReadingsStatutory Interpretation PrinciplesRecommendedPerry Herzfeld and Thomas PrinceSYDNEY: THOMSON REUTERS, 2014
ReadingsCross on Statutory Interpretation,3rd EditionPreliminaryJ Bell and G Engle,1995 BUTTERWORTHS
ReadingsColumbia Law Review 527PreliminaryF Frnakfurter (1947)Columbia Law Review 527

Graduate capabilities & intended learning outcomes

01. Be able to locate previously unfamiliar legislation and extrinsic materials, including case law

Activities:
Tutorial discussions and Tutorial Assignments; End-of-Semester Assignment
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills

02. Be able to analyse cases on statutory interpretation and show how they may assist in interpreting legislation

Activities:
Tutorial discussions and Tutorial Assignments; End-of-Semester Assignment
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills

03. Be able to interpret legislation in a fully-informed way

Activities:
Tutorial discussions and Tutorial Assignments; End-of-Semester Assignment
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills

04. Be able to write a legal opinion on statutory interpretation in language and form that approximates the standard expected of an entrant to the legal profession.

Activities:
Tutorial discussions and Tutorial Assignments; End-of-Semester Assignment
Related graduate capabilities and elements:
Inquiry and Analytical Skills
Inquiry and Analytical Skills

Subject options

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Start date between: and    Key dates

Melbourne, 2017, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorJeffrey Barnes

Class requirements

Tutorial Week: 11 - 22
One 2.0 hours tutorial per week on weekdays during the day from week 11 to week 22 and delivered via face-to-face.

Lecture Week: 10 - 22
One 1.0 hours lecture per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
End-of-Semester Assignment, maximum 2,200 words**Passing the Assignment is a hurdle. If a student obtains a mark of 50 or more marks out of 100 for the subject overall but does not obtain 50% or more for the End-of-Semester Assignment, the student receives an SAHA grade. The University Policy, 'Hurdles Procedures - Additional (Supplementary) Assessment', then applies.65 01, 02, 03, 04
Online quizzes (1500 words equivalent)Multiple choice25 03
Tutorial assignment (maximum 800 words in total)10 01, 02, 03, 04